Bill Text: NY S08190 | 2015-2016 | General Assembly | Introduced
Bill Title: Adds controlled substance analogues to the definition of controlled substances; and relates to adding controlled substance analogues to the definition of controlled substances and to define the term knowingly, with respect to controlled substance offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-09-14 - REFERRED TO RULES [S08190 Detail]
Download: New_York-2015-S08190-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8190 IN SENATE September 14, 2016 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to adding controlled substance analogues to the definition of controlled substances and to define the term knowingly, with respect to controlled substance offenses; and to amend the public health law, in relation to adding controlled substance analogues to the definition of controlled substances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 220.00 of the penal law is amended by adding a new 2 subdivision 21 to read as follows: 3 21. "Knowingly" when used in connection with the offenses involving 4 the possession or sale, or the attempt or conspiracy to possess or sell 5 a controlled substance analogue, shall not require knowledge by the 6 defendant of the chemical structure of the substance, but rather, it is 7 sufficient if: 8 (a) the defendant knew or should have known that the substance has a 9 stimulant, depressant, or hallucinogenic effect on the central nervous 10 system that is substantially similar to or greater than the stimulant, 11 depressant, or hallucinogenic effect on the central nervous system of a 12 controlled substance in schedule I or II of section thirty-three hundred 13 six of the public health law; or 14 (b) the defendant represented or intended for the substance to have a 15 stimulant, depressant, or hallucinogenic effect on the central nervous 16 system that is substantially similar to or greater than the stimulant, 17 depressant, or hallucinogenic effect on the central nervous system of a 18 controlled substance in schedule I or II of section thirty-three hundred 19 six of the public health law. 20 § 2. Subdivisions 5, 7, 8, 9, 10, 11, 12 and 13 of section 220.00 of 21 the penal law, subdivision 5 as amended by chapter 537 of the laws of 22 1998, subdivisions 7, 9, 10, 11, 12 and 13 as amended by chapter 664 of 23 the laws of 1985, and subdivision 8 as amended by section 18 of part C 24 of chapter 447 of the laws of 2012, are amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16044-02-6S. 8190 2 1 5. "Controlled substance" means any substance listed in schedule I, 2 II, III, IV or V of section thirty-three hundred six of the public 3 health law, and any controlled substance analogue for such controlled 4 substance as defined in subdivision forty-four of section thirty-three 5 hundred two of the public health law, other than marihuana, but includ- 6 ing concentrated cannabis as defined in paragraph (a) of subdivision 7 four of section thirty-three hundred two of such law. 8 7. "Narcotic drug" means any controlled substance listed in schedule 9 I(b), I(c), II(b) or II(c) other than methadone, and any controlled 10 substance analogue for such controlled substance as defined in subdivi- 11 sion forty-four of section thirty-three hundred two of the public health 12 law. 13 8. "Narcotic preparation" means any controlled substance listed in 14 schedule II(b-1), III(d) or III(e), and any controlled substance 15 analogue for such controlled substance as defined in subdivision forty- 16 four of section thirty-three hundred two of the public health law. 17 9. "Hallucinogen" means any controlled substance listed in schedule 18 I(d) (5), (18), (19), (20), (21) and (22), and any controlled substance 19 analogue for such controlled substance as defined in subdivision forty- 20 four of section thirty-three hundred two of the public health law. 21 10. "Hallucinogenic substance" means any controlled substance listed 22 in schedule I(d) other than concentrated cannabis, lysergic acid diethy- 23 lamide, or an hallucinogen, and any controlled substance analogue for 24 such controlled substance as defined in subdivision forty-four of 25 section thirty-three hundred two of the public health law. 26 11. "Stimulant" means any controlled substance listed in schedule 27 I(f),II(d), and any controlled substance analogue for such controlled 28 substance as defined in subdivision forty-four of section thirty-three 29 hundred two of the public health law. 30 12. "Dangerous depressant" means any controlled substance listed in 31 schedule I(e)(2), (3), II(e), III(c)(3) or IV(c)(2), (31), (32), (40), 32 and any controlled substance analogue for such controlled substance as 33 defined in subdivision forty-four of section thirty-three hundred two of 34 the public health law. 35 13. "Depressant" means any controlled substance listed in schedule 36 IV(c) except (c)(2), (31), (32), (40), and any controlled substance 37 analogue for such controlled substance as defined in subdivision forty- 38 four of section thirty-three hundred two of the public health law. 39 § 3. Section 3302 of the public health law is amended by adding a new 40 subdivision 44 to read as follows: 41 44. "Controlled substance analogue" means: 42 (a) Except as provided in paragraph (b), the term "controlled 43 substance analogue" means a substance, the chemical structure of which 44 is substantially similar to the chemical structure of a controlled 45 substance in schedule I or II of section thirty-three hundred six of the 46 public health law, and which either: 47 (i) has a stimulant, depressant, or hallucinogenic effect on the 48 central nervous system that mimics or is similar to or greater than the 49 stimulant, depressant, or hallucinogenic effect on the central nervous 50 system of a controlled substance in schedule I or II of section thirty- 51 three hundred six of this title; or 52 (ii) with respect to a particular person, is a substance that such 53 person represents or intends to have a stimulant, depressant, or hallu- 54 cinogenic effect on the central nervous system that is substantially 55 similar to or greater than the stimulant, depressant, or hallucinogenicS. 8190 3 1 effect on the central nervous system of a controlled substance in sched- 2 ule I or II of section thirty-three hundred six of this title. 3 (b) Such term shall not include: 4 (i) a controlled substance; or 5 (ii) any substance for which there is an approved new drug application 6 by the Federal Food and Drug Administration (FDA); or 7 (iii) with respect to a particular person, any substance, if an 8 exemption is in effect for investigational use for that person, as 9 provided by 21 U.S.C. § 355, to the extent conduct with respect to the 10 substance is pursuant to such exemption. 11 § 4. The public health law is amended by adding a new section 3306-a 12 to read as follows: 13 § 3306-a. Controlled substance analogues. A controlled substance 14 analogue, as defined in section thirty-three hundred two of this title, 15 shall be treated for the purposes of any New York law, including the 16 penal law, as the controlled substance of which it is an analogue. 17 § 5. This act shall take effect on the first of November next succeed- 18 ing the date on which it shall have become a law.
